INTERNATIONAL LEGAL PRINCIPLES OF REGULATION OF THE FOURTH GENERATION HUMAN RIGHTS OF IN THE FIELD OF HEALTH CARE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 22)Publication Date: 2019-12-31
Authors : Panina Julija;
Page : 119-127
Keywords : human rights; fourth generation human rights; biomedicine; cloning; euthanasia; gender change; genetic engineering; reproductive technology; surrogate motherhood; organ transplantation;
Abstract
The article explores current international legal frameworks and trends in fourth-generation human rights regulation in the field of health care. In particular, the acts of international institutions whose norms directly or indirectly relate to somatic rights are analyzed. The methodology for analyzing these international instruments is based on a structural and systematic approach that involves the study of two groups of international instruments: a set of basic documents of international international institutions and a system of regional international instruments that directly or indirectly relate to fourthgeneration human rights in the field of health care. Conclusions have been made on clear regulation in international instruments of prohibition of human reproductive cloning, prohibition of commercialization of organ transplantation and legal protection of the human genome. The most regulated internationally, somatic rights are human genome protection and human organ, tissue and cell transplantation rights. It is determined that, with respect to other fourth-generation human rights in the field of health care, international instruments either do not provide legal regulation, for example, on the right to surrogate motherhood, or contain only normative recommendations, such as regarding the right to change sex. It has been established that acts of international institutions governing certain aspects of somatic rights are not legally binding. Instead, most regional international instruments on the fourth generation of human rights regulation in the field of health care are binding on all member states. The necessity of further theoretical and scientific study of the international legal aspects of the regulation of somatic rights and the development of universal international instruments, which would eliminate the existing gaps and conflicts in the regulation of human rights in the fourth generation in the field of health, are substantiated.
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